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Articles 1 - 30 of 47
Full-Text Articles in Law
Uk Competition Appeal Tribunal Rules On Oft’S Duty To Refer Mergers For Investigation, Suyong Kim
Uk Competition Appeal Tribunal Rules On Oft’S Duty To Refer Mergers For Investigation, Suyong Kim
Wilmer Cutler Pickering Hale and Dorr Antitrust Series
On 3 December 2003, the Competition Appeal Tribunal in the UK upheld an application by IBA Health Ltd for judicial review against the Office of Fair Trading's decision not to refer the anticipated merger between iSoft Plc and Torex Plc to the Competition Commissionfor detailed investigation. This is the first case under the new merger control provisions in the Enterprise Act 2002 to come before the Tribunal for judicial review under Section 120 of that Act.
United States Antitrust Policy In An Age Of Ip Expansion, Herbert J. Hovenkamp
United States Antitrust Policy In An Age Of Ip Expansion, Herbert J. Hovenkamp
All Faculty Scholarship
The idea that there is a tension between antitrust and the intellectual property laws is readily exaggerated. The tension that exists results mainly from our uncertainty about the optimal amount and scope of IP protection. In general, antitrust draws clearer lines than intellectual property law does, although one should not push the point too far. Antitrust policy as manifested in the courts has achieved a fair amount of consensus today. By contrast, deep uncertainty remains about fundamental questions concerning the socially optimal outcome of IP disputes. In addition, while the antitrust statutes are for the most part public regarding provisions …
The Nomos And Narrative Of Matsushita, Nickolai G. Levin
The Nomos And Narrative Of Matsushita, Nickolai G. Levin
ExpressO
Twenty-one years ago, Robert Cover left an indelible mark on legal scholarship with his epic tale of world formation and development, Nomos and Narrative. He posited the idea that our culture consists of a multitude of insular communities (nomoi), each of whose experiences is guided by those texts and events (narratives) that give its legal precepts normative meaning, thereby connecting the communities’ vision of reality to its ideal. Occasions arose, however, where different community’s visions of the ideal could not be contained within each community alone and thus came into conflict. Resolution required reconciliation of those narratives that provided each …
Beware Buyer Power, Robert H. Lande
Beware Buyer Power, Robert H. Lande
All Faculty Scholarship
The conventional antitrust wisdom is that buyer side market power or monopsony is so unusual and so rarely anticompetitive that it should not merit more than a scholarly afterthought. Moreover, these brief mentions typically say it is essentially the mirror image of seller power or that, while seller-side power is suspect since it leads to higher consumer prices, buyer-side power is usually benign, because the public should not care which layer of a distribution channel gets any potential savings that can arise. This short article discusses how buyer power can be anticompetitive. It also discusses how buyer power or monopsony …
Unilateral Refusals To Deal In Intellectual Property As Monopolistic Conduct, Bolanle Meshida
Unilateral Refusals To Deal In Intellectual Property As Monopolistic Conduct, Bolanle Meshida
LLM Theses and Essays
Much has been written about the antitrust intellectual property conflict. The former promotes competition by prohibiting monopolies that harm competition, while the latter promotes competition by granting monopolies. This paper focuses on refusals to deal in intellectual property rights as violation of antitrust law. The paper explores refusals to deal as monopolistic conduct in antitrust law and relates this with refusals to deal in intellectual property rights. The paper concludes with an analysis of the success rate of antitrust scrutiny of intellectual property rights.
Gaining Momentum: A Review Of Recent Developments Surrounding The Expansion Of The Copyright Misuse Doctrine And Analylsis Of The Doctrine In Its Current Form, Neal Hartzog
Michigan Telecommunications & Technology Law Review
The United States intellectual property ("IP") system is the foundation for incentives for authors and inventors to create and invent so that their work will be distributed to the public for the betterment of society. These incentives, in the form of limited monopolies over creations via patents, copyrights, and trademarks, are becoming increasingly important as the United States depends upon intellectual property to sustain its economy. As the intellectual property industry grows, it becomes vital to preserve the impetus behind its creation: the public good, or more specifically, the public's ability to make use of and enjoy new ideas and …
No Wonder They Dislike Us: Us Admonishes Europe For Protecting Itself From Microsoft's Predation, Albert A. Foer, Robert H. Lande
No Wonder They Dislike Us: Us Admonishes Europe For Protecting Itself From Microsoft's Predation, Albert A. Foer, Robert H. Lande
All Faculty Scholarship
This short article applauds the European Commission for holding that Microsoft violated European competition laws, and admonishes the U.S. for criticizing the Europeans for protecting themselves from Microsoft's anticompetitive activity.
Designing Sports Leagues As Efficient Monopolists Rather Than Inefficient Cartels, Stephen F. Ross, Stefan Szymanski
Designing Sports Leagues As Efficient Monopolists Rather Than Inefficient Cartels, Stephen F. Ross, Stefan Szymanski
ExpressO
An inherent conflict exists when clubs participating in a sports league control the way in which the competition is organized. This conflict leads to fewer franchises that may not be in the best locations, fewer broadcast rights sold with too many “black-outs,” inefficient marketing of merchandise and sponsorships, ineffective supervision of club management, labor market restrictions that do not enhance consumer appeal in the sport, and insufficient international competition. We suggest that sports leagues would be more profitable and fans’ welfare improved if sports leagues looked more like McDonald’s and less like the United Nations, by restructuring the leagues to …
Antitrust Immunity And Standard Setting Organizations: A Case Study In The Public-Private Distinction, Chris Sagers
Antitrust Immunity And Standard Setting Organizations: A Case Study In The Public-Private Distinction, Chris Sagers
Law Faculty Articles and Essays
This paper uses an ongoing issue of local legal doctrine as a case study to provide insights into a problem of larger political philosophy: the problem whether the difference between "public" and "private" should be made to matter and, indeed, whether there is a difference at all. The case study is as follows: In our system, state governments are free to fashion their own trade policies in virtually any manner they choose. During the past century there has evolved a complex range of relationships between government and the businesses regulated by those policies, the result often being that businesses themselves …
Global Governance, Antitrust, And The Limits Of International Cooperation, Paul B. Stephan
Global Governance, Antitrust, And The Limits Of International Cooperation, Paul B. Stephan
ExpressO
The contemporary world economy make it easier to produce and sell across national borders. The partition of transactions into separate geographical components in turn makes it easier to pick and choose regulatory regimes. Antitrust law has dealt with this problem for nearly a century. At one time it regarded the assignment of a transaction to a particular territory as a prerequisite for the application of its rules; lately it has required much less. As a result, overlapping national regulation has become the dominant structure. Overlapping regulation has its own problems. National regimes may impose inconsistent rules and pursue conflicting ends. …
An End To Cooperation In Competition?, William Kolasky
An End To Cooperation In Competition?, William Kolasky
Wilmer Cutler Pickering Hale and Dorr Antitrust Series
Decades of cooperation between international antitrust authorities are now under threat following two controversial rulings by the US courts of appeal in New York and Washington D.C. William Kolasky examines the far-reaching implications of the Empagran and Kruman cases
Major Events And Policy Issues In Ec Competition Law, 2002–03 (Part 1), John Ratliff
Major Events And Policy Issues In Ec Competition Law, 2002–03 (Part 1), John Ratliff
Wilmer Cutler Pickering Hale and Dorr Antitrust Series
The object of this paper is to outline the major events and policy issues related to Articles 81, 82 and 86 EC in the last year. The paper is divided into three sections: (1) a general overview of major events (legislation and notices, European Court cases, and European Commission decisions); (2) an outline of current policy issues, including competition and the liberal professions, review of the liner conference block exemption, and modernisation of Art.82 EC; and (3) areas of specific interest, meaning this year competition andgas supply, telecoms, sport, and media.
Verizon Communications Inc. V. Law Offices Of Curtis V. Trinko, Llp:, Robert Bell, Lee Greenfield, Veronica Kayne, William Kolasky, Jim Lowe, Doug Melamed, Thomas Mueller, Ali Stoeppelwerth
Verizon Communications Inc. V. Law Offices Of Curtis V. Trinko, Llp:, Robert Bell, Lee Greenfield, Veronica Kayne, William Kolasky, Jim Lowe, Doug Melamed, Thomas Mueller, Ali Stoeppelwerth
Wilmer Cutler Pickering Hale and Dorr Antitrust Series
Last week, the U.S. Supreme Court issued an important opinion concerning Section 2 of the Sherman Act, which prohibits monopolization and attempted monopolization. The opinion, written by Justice Scalia, limits the circumstances under which antitrust law will compel companies to assist their rivals.
E.U. Competition And Private Actions For Damages, The Symposium On European Competition Law , Georg Berrisch, Eve Jordan, Rocio Salvador Roldan
E.U. Competition And Private Actions For Damages, The Symposium On European Competition Law , Georg Berrisch, Eve Jordan, Rocio Salvador Roldan
Northwestern Journal of International Law & Business
There are numerous reasons why private enforcement of E.U. competition law remains underdeveloped in Europe. The main reason is perhaps that it is not regulated by E.U. law but by Member State law. This in itself creates legal uncertainty. A system that creates optimal conditions for individuals to challenge infringements of competition rules before national courts ensures a high level of compliance. It is therefore no surprise that the European Commission ("Commission") is keen to see the general use of private enforcement, and in particular of actions for damages, in Europe increase. This paper focuses on one particular aspect of …
Antitrust Analysis In Software Product Markets: A First Principles Approach, Andrew Chin
Antitrust Analysis In Software Product Markets: A First Principles Approach, Andrew Chin
Faculty Publications
No abstract provided.
Courts As Experts In European Merger Law, David J. Gerber
Courts As Experts In European Merger Law, David J. Gerber
All Faculty Scholarship
No abstract provided.
Introduction To Symposium On Integrating New Economic Learning With Antitrust Doctrine, Jonathan Baker
Introduction To Symposium On Integrating New Economic Learning With Antitrust Doctrine, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Efficiency Trade-Offs In Patent Litigation Settlements: Analysis Gone Astray?, Keith Leffler, Cristofer Leffler
Efficiency Trade-Offs In Patent Litigation Settlements: Analysis Gone Astray?, Keith Leffler, Cristofer Leffler
University of San Francisco Law Review
No abstract provided.
Sensible Antitrust Rules For Pharmaceutical Competition, Herbert Hovenkamp
Sensible Antitrust Rules For Pharmaceutical Competition, Herbert Hovenkamp
University of San Francisco Law Review
No abstract provided.
Chimerical Class Conflicts In Federal Antitrust Litigation: The Fox Guarding The Chicken House In Valley Drug, Joshua P. Davis, David F. Sorensen
Chimerical Class Conflicts In Federal Antitrust Litigation: The Fox Guarding The Chicken House In Valley Drug, Joshua P. Davis, David F. Sorensen
University of San Francisco Law Review
No abstract provided.
Facility Issues In Major League Soccer: What Do Soccer Stadiums Have To Do With Antitrust Liability?, Thomas D. Stuck
Facility Issues In Major League Soccer: What Do Soccer Stadiums Have To Do With Antitrust Liability?, Thomas D. Stuck
Marquette Sports Law Review
No abstract provided.
Small Liberal Arts Colleges, Fraternities, And Antitrust: Rethinking Hamilton College, Mark D. Bauer
Small Liberal Arts Colleges, Fraternities, And Antitrust: Rethinking Hamilton College, Mark D. Bauer
Mark D Bauer
Many colleges have abolished men's and women's fraternities, and many more plan to do so. Regardless of one's personal feelings towards fraternities, demands to shut down housing and cease dining operations raise important antitrust concerns. Because the fraternities offer competitive housing and food services, colleges are using their market power to eliminate business rivals.
Separating The Wheat From The Chaff: Restrictive Agreement In Light Of The Supreme Court’S Recent Decisions (In Hebrew), Michal Gal
Michal Gal
No abstract provided.
The Ecology Of Antitrust: Preconditions For Competition Law Enforcement In Developing Countries, Michal Gal
The Ecology Of Antitrust: Preconditions For Competition Law Enforcement In Developing Countries, Michal Gal
Michal Gal
The number of developing countries that have adopted a competition law has grown exponentially over the past two decades. Yet the mere adoption of a competition law is a necessary but not sufficient condition for it to be part of market reform. Just as ecological conditions determine the ability of a flower to bloom, so do some preconditions affect the ability to apply a competition law effectively. This study seeks to identify the ecology of antitrust in developing countries: the soil, sun, water and pesticides of competition law adoption and enforcement. In particular, it analyzes the socio-economic ideology (soil), the …
La Prohibición De Los Acuerdos Restrictivos De La Competencia: Una Concepción Privatística Del Derecho Antimonopolio, Jesús Alfaro Águila-Real
La Prohibición De Los Acuerdos Restrictivos De La Competencia: Una Concepción Privatística Del Derecho Antimonopolio, Jesús Alfaro Águila-Real
Jesús Alfaro Águila-Real
No abstract provided.
Why Antitrust Damage Levels Should Be Raised, Robert H. Lande
Why Antitrust Damage Levels Should Be Raised, Robert H. Lande
All Faculty Scholarship
The conventional wisdom is that current antitrust damage levels are too high, lead to overdeterrence, and should be cut back. Although most agree that threefold damages are fine, at least for cartels, the combination of treble damages to direct purchasers and another treble damages to indirect purchasers typically is denounced as duplicative, a "mess," or the equivalent of the use of "cluster bombs" on defendants. This article, however, will assert the opposite. This article will argue that, if the current antitrust damage levels are examined carefully, they do not even total treble damages, and overall are not high enough to …
Market Definition In Intellectual Property Law: Should Intellectual Property Courts Use An Antitrust Approach To Market Definition?, Anna F. Kingsbury
Market Definition In Intellectual Property Law: Should Intellectual Property Courts Use An Antitrust Approach To Market Definition?, Anna F. Kingsbury
Marquette Intellectual Property Law Review
In her Article, Ms. Kingsbury notes that American courts do not use antitrust law's market definition approach in intellectual property cases. She discusses five potential rationales for this dichotomy: (1) intellectual property cases involve new products without defined markets; (2) market definition limits judicial flexibility; (3) courts do not want to burden intellectual property litigants with the time and expense of economic evidence; (4) judges reason from precedent, and that precedent did not consider market definition; and (5) "market" conveys a different meaning in intellectual property law than it does in antitrust law. Kingsbury presents counterarguments to these rationales and …
Mission, Margin, And Trust In The Nonprofit Health Care Enterprise, Thomas L. Greaney, Kathleen Boozang
Mission, Margin, And Trust In The Nonprofit Health Care Enterprise, Thomas L. Greaney, Kathleen Boozang
All Faculty Scholarship
The law governing charitable corporations remains neglected and thoroughly muddled. Still unsettled are central issues regarding the accountability of directors and management, legal standards governing organic changes by nonprofit institutions, and mechanisms to ensure fidelity to the organization's charitable mission. For nonprofit corporations in the health care sector, which represent a large proportion of all health services supplied nationwide, particularly charity care, these shortcomings have had serious repercussions. The central issue addressed in this Article is how fidelity to the mission of the charitable health care corporation should be monitored. It advances the normative perspective that the law should maximize …
The Superiority Of Direct Proof Of Monopoly Power And Anticompetitive Effects In Antitrust Cases Involving Delayed Entry Of Generic Drugs, Eric L. Cramer, Daniel Berger
The Superiority Of Direct Proof Of Monopoly Power And Anticompetitive Effects In Antitrust Cases Involving Delayed Entry Of Generic Drugs, Eric L. Cramer, Daniel Berger
University of San Francisco Law Review
No abstract provided.
Old Man And The Sky: The Brazilian Antitrust Implications For Rupert Murdoch's Expansion Of The Sky Global Satellite Network, Geoffrey Drake
Old Man And The Sky: The Brazilian Antitrust Implications For Rupert Murdoch's Expansion Of The Sky Global Satellite Network, Geoffrey Drake
Vanderbilt Journal of Transnational Law
To expand its global satellite network to the United States, Rupert Murdoch's News Corporation purchased DirecTV in 2003. Brazil's antitrust regulatory body, CADE, has expressed concern about a potential monopoly in the Brazilian satellite market controlled by Murdoch because News' Sky Latin America competes directly with DirecTV. If News opts to combine the two Brazilian satellite services, it will consolidate control of ninety-five percent of Brazil's satellite market, leaving satellite and cable competitors at a disadvantage. The Author argues that CADE should conditionally approve the acquisition because of the combination's ability to benefit Brazilian consumers, the government, and News Corporation …